zulu aug31 a fl: 18
TRANSCRIPT
ZUlU AUG31 A fl: 18
August 27, 2010
Joint Review PanelEnbridge Northern Gateway Project444 Seventh Avenue SW, 2nd Floor NlailroomCalgary, Alberta T2P 0X8
RE: Written Comments — Michel First NationEnbridge Northern Gateway Project
Please accept the attached comments on behalf of the Michel First Nation.
1. “Draft List of Issues — Are there other issues that you think should beconsidered in the Panel process?”
Michel First Nation would like to clarify with the Joint Panel that the descriptionof “Potential Impacts of the Proposed Project on Aboriginal interests” includes anassessment by the Crown on the potential impact of the Proposed Project on theexercise by Michel First Nation of their Aboriginal and treaty rights, underSection 35 of the Constitution Act, 1982.
2. “Additional Information — Please indicate the additional information thatNorthern Gateway should be required to file prior to the Panel initiating furtherprocedural steps in the review process, and provide a brief explanation why itshould be filed by Northern Gateway at this time?”
Michel First Nation has completed a preliminary review of the Northern Gatewayapplication, and has identified a number information gaps. Michel First Nationrequests that these information gaps be addressed by Northern Gateway beforethe application is considered completed by the Joint Panel, and prior to the JointPanel issuing a Notice of Hearing for this review process.
Please accept the attached spreadsheet, outlining the additional informationrequired by Northern Gateway.
P0 Box 3324, Morinville, Alberta TSR 1S2Telephone 780-939-5685 Fax 780-756-2905 (Email - [email protected])
If you require further information, please do not hesitate to contact me at(780)-975-7514.
Sincerely,
Chief Rosalind CallihooMichel First Nation
Cc: Michel First Nation CouncilRosanne Kyle, JFK Law CorpTracy Campbell, Calliou Group
Attach/2
P0 Box 3324, Morinville, Alberta TSR 1S2Telephone 780-939-5685 Fax 780-756-2905 (Email - [email protected])
Enbridge Northern Gateway Project
Joint Review PanelWritten Comment Form
The Joint Review Panel (the Panel), established to review the Enbridge Northern Gateway Project (Project), has a broad mandate toassess the potential environmental effects of the Project and to determine if it is in the public interest.
As an initial step in the review process, the Panel is interested in receiving comments on the following three topics:
1. the draft List of Issues attached as Appendix I;2. additional information which Northern Gateway should be required to file; and3. location(s) for the oral hearings.
The Panel encourages interested people to provide their comments in writing by using this form.
Contact information and written comments will be placed on the public registry.
Participants submitting written comments should provide the following information by noon (MountainStandard Time), Wednesday, 8 September 2010:
Hard copy filings may be made by mail, courier, hand delivery or fax at the address below.Joint Review Panel — Enbridge Northern Gateway Project444 Seventh Avenue S.W., 2 floor mailroomCalgary, Alberta T2P 0X8
Facsimile: (403) 292-5503, or toll free at 1 -877-288-8803
Contact Information
Name: Q_-b’’ Rosc—\vac’ cacvio( Address:
Title if applicable (optional): City:
Mo,stU Lk.,
Organization if Fr €x\dS of P’tt ci.ie_4 Province:applicable (optional): p
—
Telephone (optional): Postal Code:
Facsimile (optional): Email (optional): real ii
*
National Energy Office nalionalBoard de rénergie Canad! I0 i canadian Environmental Agence canadienne
Assessment Agency devaluation environnementale
List of Issues
The draft List of Issues has been included at the end of this form.
Are there other issues that you think should be considered in the Panel process?
Yes4 NoC
If yes, please indicate what additional issues and provide a brief explanation of why you think it should be added to the List ofIssues.
?lcsa cctcr \‘o Co- 44-eX urder List &&
Additional InformationIs there additional information that you think Northern Gateway should be required to file prior to the Panel’s initiating furtherprocedural steps in the review process?
Yes NoD
If yes. please indicate the additional information and provide a brief explanation why it should be filed by Northern Gateway atthis time.
?iccAse icfa4- 4o Czi\IeX \ek4eA’ ae IL
\nbv r&-i’.
Oral Hearing LocationWhat location(s) in the project area do you think should be selected and why?
Additional Enbridge Northern Gateway Project application information can be found at www.gatewavoanel.review-examen.pc.ca.
OF-Fac-Oil-N304-2010-O1O1
Draft List of Issues
The following lists the issues which the Panel will be evaluating, however not limited to, as it conducts itsenvironmental assessment of this project and its public interest determination review.
Need For the Proposed Project
• Is there a need for the project as proposed by the applicant?
• What is the economic feasibility of the proposed facilities?
Potential Impacts of the Proposed Project
• What are the potential impacts on:
o Aboriginal interests;
o commercial interests; and
o landowners and land use?
Environmental Effects
• What are the potential effects on environment1and social economic matters?
Financial Regulation
• Is the proposed differential tolling structure and tolling methodology appropriate?
• Is the proposed method of financing appropriate?
Design, Construction and Operation
• Is the general route of the pipeline, location of the proposed facilities and the siting of the marine terminalappropriate?
• Is the applicant’s consultation program for the Project adequate?
• Is the design of the proposed facilities suitable?
• What is the capacity of the applicant to safely build and operate the proposed facilities in the range of physicalconditions) along the Rocky and Coastal Mountains and at the Kitimat Terminal?
Safety, Mitigation and Prevention
• What safety measures are in place to protect people and the environment?
• What are the consequences of hydrocarbon releases from the Project?
• Are the proposed risk assessment, mitigation and prevention measures and programs appropriate for the design,construction, operation and abandonment of the proposed facilities?
• Are the proposed plans and measures for emergency preparedness and response appropriate?
Terms and Conditions
• What terms and conditions should be included in any decision the Panel may issue?
1 lncludingthose to be considered underthe Canadian Environmental Assessment Act as outlined in Parts 1,11 and Ill of theioint Review Panel
Terms of Reference (see following pages).
QF-Fac-OiI-N304-2010-O1O1
Terms of Reference2
Parti—Scope of the ProjectThe project includes the construction, operation, decommissioning and abandonment of the following components:
• An oil pipeline commencing near Fort Saskatchewan, Alberta and terminating at a new marine terminal locatedin Kitimat, British Columbia;
• A condensate pipeline commencing at a new marine terminal in Kitimat, British Columbia and terminating nearFort Saskatchewan, Alberta;
• The right-of-way for the two pipelines as well as any temporary workspace required for the construction;• Associated pump stations, a pressure letdown station (oil) and a pressure initiation station (condensate);• Tunnels through North Hope Peak and Mount Nimbus to facilitate crossing of the Coast Mountains by the
pipelines;• A tank terminal, including hydrocarbon tanks, pump facilities and other land facilities, adjacent to the marine
terminal;• All-weather road access and electrical power requirements for the pump stations, the tank terminal and the
new marine terminal in Kitimat, British Columbia;• Block valves located at pump stations, selected watercourse crossings and other locations along the route;• Pigging facilities at either end of the pipeline system and in selected intermediate locations;• Cathodic protection system for the pipelines and tanks, including anode beds at selected locations along the
pipeline route;• Two marine loading and unloading berths (one each for oil and condensate) including:
loading and unloading platforms;• breasting dolphins;• mooring dolphins;• gangway tower;• walkway bridges between platform and breasting dolphins;• utility boat floating dock;• oil contingency deployment system with storage platforms;• fire fighting systems;• offshore anchorages in Kitimat Arm or elsewhere; and• pipeline interconnects between the berths and the tankage.
• Marine transportation of oil and condensate within:• the Confined Channel Assessment Area, as defined by the proponent, which includes the marine and
shoreline area of Kitimat Arm, Douglas Channel to Camano Sound, and Principe Channel to BrowningEntrance;
• Hecate Strait; and• the proposed shipping routes to be used for the project that are within the 12 nautical mile limit of the
Territorial Sea of Canada.
• All related works and activities including:• all temporary electrical power supply lines, such as those supplying energy for camps and worksites;• temporary work camps;• temporary access roads;• bridges and watercourse crossings (new or modified);• management and treatment of wastewaters and waste management;• water withdrawals;
2The definitions in the Agreement between the National Energy Board and the Minister of the Environment concerning the joint review of
the Northern Gateway Pipeline Project will apply to this Appendix.
OF-Fac-Oil-N304-201 0-0101
• borrow pits and quarries;• management of excavation material, including stockpiles (e.g. overburden);• log handling and storage facilities• construction worksites, storage areas and staging areas;• handling and storage of petroleum products and hazardous materials;• handling, storage and use of explosives; and
Any other components described by the proponent in its Preliminary Information Package, filed with theNational Energy Board on November 1, 2005
Any additional modifications or decommissioning and abandonment activities would be subject to future examinationunder the National Energy BoardAct and consequently, under the Canadian Environmental Assessment Act (the Act),as appropriate. Therefore, at this time, the Proponent will be required to examine these activities in a broad contextonly.
Part II -Factors to be Considered During the Joint Review
The joint review will include a consideration of the following factors listed in paragraphs 16(1) (a) to (d) and subsection16(2) of the Act:
• The environmental effects of the project, including the environmental effects of malfunctions or accidents thatmay occur in connection with the project and any cumulative environmental effects that are likely to result fromthe project in combination with other projects or activities that have been or will be carried out;
• The significance of the effects referred to above;• Comments from the public and Aboriginal peoples that are received during the review;• Measures that are technically and economically feasible and that would mitigate any significant adverse
environmental effects of the project;• The purpose of the project;• Alternative means of carrying out the project, that are technically and economically feasible and the
environmental effects of any such alternative means;• The need for, and the requirements of, any follow-up program in respect of the project; and• The capacity of renewable resources that is likely to be significantly affected by the project to meet the needs
of the present and those of the future.
In accordance with paragraph 16(1)(e) of the Act, the assessment by the Panel will also include a consideration of thefollowing additional mailers:
• Need for the project;• Alternatives to the project;• Community knowledge and Aboriginal traditional knowledge received during the review;• Measures to enhance any beneficial environmental effects; and• Environmental protection, environmental monitoring, and contingency and emergency response plans.
Pan III - Scope of Factors
The Panel in conducting its consideration of the factors outlined in Part II will have regard to the following:
• The National Energy Board’s Filing Manual dated 2004 as amended from time to time; andThe document issued by the Canadian Environmental Assessment Agency, in response to comments received on thedraft Joint Review Panel Agreement, entitled “Scope of the Factors - Northern Gateway Pipeline Project, August.2009”.
OF-Fac-OiI-N304-2010-O1O1
Enbridge Northern Gateway Application Comments
Michel First Nation (“MFN”)Information Gaps — as at August 27, 2010
Report SubIssue Theme Reviewer’s CommentlRequest Additional Information Request
Section Section
MEN strongly disagrees with the statement that “The environmental assessmentmethods for all biophysical and human environment disciplines includesapproaches that result in a conservative assessment of environmental effects Meaningful and adequate consultation needs to
Volume Section General1 632 comment (i.e., tends to overestimate the potential effect)”. MEN feels that the current be undertaken with MEN and information
environmental assessment process leads to a minimization of potential effects, obtained incorporated into the Applicationand should an effect be identified it is further minimized through significanceevaluations.
It is not clear from this table whether the Standard Mitigation Measures outlinedIdentify adequate accommodation measures
2Volume Table 3- General within will be applied to specific project locations, whether they are a part of for potential impacts to MEN rights3 2 Comment
regular project design or if they are over and above project design.
MEN takes issue with the response that “significant efforts have been made toconsult with Aboriginal Groups and stakeholders to increase awareness of the
General Project, including public open houses, community meetings, mail-outs and the Meaningful and adequate consultation needs toAppendixbe undertaken with MEN and informationVolume M, Table
M-2Comment website as described in this volume” as this volume is directed at public obtained incorporated into the Application
stakeholders and Aboriginal groups require an individualized consultationprogram.Northern Gateway’s Aboriginal and Native American Policy recognizes “legal
Volume Section General and constitutional rights possessed by Aboriginal people” however beyond this Completion and integration into the Applicationof MEN ATK information for effects assessment5
2.1 Comment recognition Northern Gateway does not assess potential impacts to these legal on MFN treaty and Aboriginal rightsand constitutional rights.
MEN requires any traditional knowledge collected in relation to this project be Completion and integration into the ApplicationVolume
Section General used for not only “project planning, design, construction and operations” but in of MEN ATK information for effects assessment5 2.4 Comment
the assessment of potential impacts to MEN Aboriginal rights and title. on MEN treaty and Aboriginal rights
1
This section is economic centric and ties Aboriginal Engagement to developing6 Volume Section General benefits and long term relationships, without considering rights, impact
Identify adequate accommodation measures5 2.4 Comment for potential impacts to MFN rights
assessment and accommodation.
MFN finds the confusion of economic relationships and consultation to once Meaningful and adequate consultation needs toagain be highlighted by this section. Northern Gateway continues to focus the be undertaken with MFN and information
Volume Section General5A 29 Comment ESA away from potential project effects, of which no specific examples were obtained incorporated into the Applicationprovided in this section, and continually redirects the discussion to benefits Identify adequate accommodation measuresderived. This is not consultation. for potential impacts to MEN rights
The generic use of the phrase “participating Aboriginal groups” to encompass allAboriginal groups affected is deficient as it does not include MEN. This termshould not be used as an umbrella term as MEN are not defined as Meaningful and adequate consultation needs to
Volume Section General8 5A 32 Comment ‘participating’ to date, but are an Aboriginal group potentially affected. Adequate be undertaken with MEN and informationand meaningful consultation has not taken place with MEN. Northern Gateway obtained incorporated into the Applicationdid not engage with MEN until March 2010 and governments have undertakenabsolutely no consultation.
MEN disagrees with the participation of Nation members in the workforce as“Local assistants” (such as those identified in Phase I (2005-2006) to discussfieldwork) being characterized as a consultation related activity. Local assistants
Volume Section GeneralSA 3.2 Comment are fundamentally different than MEN involvement in the conduct of a fieldIdentify adequate accommodation measures
for potential impacts to MEN rightsassessment from a consultation perspective. Individual MEN members cannotbe assumed to represent the collective rights of the nation when procuringpersonal employment.
ATK studies should not be classified as capacity building as this minimizes theVolume Section General Identify adequate accommodation measures
10 5A 3.2 Comment study from an integral part of identification of project effects to a project benefit for potential impacts to MEN rightsprovided by Northern Gateway.
2
The statement that “the ATK program is an important component of the overallAboriginal engagement activities” directly contradicts the statement made insection 1.1 that “Aboriginal consultation and ATK work for ESAs are separate
Volume Section General activities”. This section requires clarification. If Aboriginal engagement Completion and integration into the Application
SB 1,2 Commentof MEN ATK information for effects assessment
encompasses consultation and ATK then the critical consultation section is on MEN treaty and Aboriginal rightsmissing from the application. If consultation and engagement areinterchangeable terms within the context of the ESA then the wording of thissection is contradictory.
The generalization of this section directly contradicts the statement outlining the“uniqueness, complexity and diversity of cultures”. As no community-specificATK studies are provided due to the level of confidentiality invoked, this section
Volume General becomes the source of cultural and historic context in the ESA which is overly Meaningful and adequate consultation needs to12
SBSection 3
Comment generalized and does not provide specific historic or cultural context for any be undertaken with MEN and informationAboriginal group, specifically MEN. This places both MFN, whose information is obtained incorporated into the Application
not considered, and Northern Gateway, whose application is now deficient, at adisadvantage in the regulatory process.
The assumption of globally held “fundamental precepts” for Aboriginal groupsvolume General without consultation or attributing these to specific groups is inappropriate. MEN Meaningful and adequate consultation needs
to be undertaken with MEN and information13SB
Section 3Comment object to Northern Gateway’s assumptions of their communities fundamental obtained incorporated into the Application
values without consultation.
MEN disagrees that the general approach used by Northern Gateway allows for Completion and integration into the ApplicationVolume Section General14 5B 42 comment the information, including potential effects and mitigation recommendations, to of MEN ATK information for effects assessment
be identified directly by ATK participants. on MEN treaty and Aboriginal rights
As this is being presented by Northern Gateway as the complete applicationVolume Section General and not a draft, MEN finds the reference that this is a “starting place for Require identification of effects to MEN rights
5B 5.2 Comment understanding and addressing the key potential effects identified” as deficient.Where might MEN further explore these issues upon application approval?
Volume Section General MEN requires ongoing community monitoring of RoW cleanup to ensure Identify adequate accommodation measuresSA 2.2,8 comment garbage and debris are removed and access for MEN members is restored. for potential impacts to MEN rights
3
Completion and integration nto the Applicationof MFN ATK information for effects assessment
on MEN treaty and Aboriginal rights
H’_p
MFN require involvement of ongoing ground-level assessments and monitoringIdentify adequate accommodation measures
17Volume Section General within their traditional territory to track issues such as revegetation success and for potential impacts to MFN rights6A 2.5.1 Comment
possible soil erosion.
MEN is concerned with the statement that ‘Construction of the pump station Completion and integration into the ApplicationVolume Section General sites will last much longer, up to three years” as construction duration is of MFN ATK information for effects assessment
6A 5.4.3.2 Commenteffectively downplayed. on MEN treaty and Aboriginal rights
MEN require ongoing monitoring to ensure that any admixing of surface soilVolume Section General19 6A 6.4.3.2 Comment does not affect revegetation efforts along the pipeline route especially in areas Identify adequate accommodation measures
for potential impacts to MEN rightsscheduled for winter construction within their traditional territory.
MEN objects to the suggestion that traditional knowledge gathered from Incorrect use of terms
20 Volume Table General “Aboriginal Assistants” is consultation. Should community members participate Meaningful and adequate consultation needs to6A 11-10 Comment as Aboriginal Assistants, they do so in their individual capacities as economic be undertaken with MEN and information
activities and do not represent Aboriginal communities’ MEN collective rights, obtained incorporated into the Application
Volume Section General MEN finds the development of a presentation on cultural awareness and local Identify adequate accommodation measures21
7A 6.2 Comment communities for contractors without the involvement of MEN inappropriate, for potential impacts to MEN rights
MEN requires their traditional land use sites be disclosed on construction Meaningful and adequate consultation needs todrawings and environmental alignment sheets in order to ensure they are be undertaken with MEN and information
22Volume Section General
TA 8.7 Comment adequately mitigated. MFN requires discussions with Northern Gateway to obtained incorporated into the Applicationdevelop these mitigation measures and identify community members that can Identify adequate accommodation measures
I participate in site monitoring, for potential impacts to MEN rights
23 Volume Appendix General MEN requires inclusion on the RoW planning team for the portion of the RoW Meaningful and adequate consultation needsto be undertaken with MEN and information7A A.3.1 Comment between KP 0 and KP 350 obtained incorporated into the Application
24 Volume Section General MFN requires direct notification and follow-up monitoring of any spills between Identify adequate accommodation measures7B 7.4.4 Comment KP 0 and KP 350. for potential impacts to MEN rights
MEN requires consideration of their traditional knowledge (ATK) study in the Completion and integration into the Application25 Volume Section Information location selection of valves flanges and fittings as per the indication in this of MEN ATK information for effects assessment
. 3 5.5 Gap
.I section on MEN treaty and Aboriginal rights
26 Volume Section10.2.2
InformationGap
MFN requires construction monitoring on Spread 1 and possible portions ofSpread 2 to ensure the minimization of impacts to their Section 35 rights.
4
As no assessment or consultation was undertaken with Aboriginal communities Meaningful and adequate consultation needs27 Voucme
S;n Infognation as part of the human health assessment, this section and the conclusions drawn to be undertaken with MEN and informationare not applicable to Aboriginal communities and ultimately deficient. obtained incorporated into the Application
MEN requires the identification of important
28Volume Section Information MFN was not involved in the identification of important sites and response sites and response priorities as part of the
1 1.4 Gap priorities as part of the development of site-specific, first response plans. development of site-specific, first responseplans
MEN was not engaged in the development of Greening Initiatives that would be
29volume Section information used to offset the footprint of the Project. Statement that Northern Gateway MEN requires consultation in the development
1 1.4 Gap “would work with communities and Aboriginal groups to identify opportunities” is of Greening Initiativesvague.
volume Section information MEN requires a finalized route to ensure they can adequately compare the. .
1 21 G . . . .
. MEN requires a na ized route. ap effects of the pipelines to their traditional knowledge.
: MEN finds the description of route finalization to be a circular process. Resultsof Aboriginal traditional knowledge community reports and field investigation
.
should be considered and route finalized prior to application approval. Should Completion and integration of MEN ATK31
volme Secton Infogtaon the route change, these reports would also potentially change as different uses information for effects assessment on MENoccur in different areas. MFN notes that the NEB filing manual requires the treaty and Aboriginal rights
Project Location and the criteria used to determine the proposed route or site tobe included in the application, not determined after.
MEN was not consulted on locations and details of proposed construction32
volme S;cton infognahon camps. Require location information for construction camps and associatedMEN requires consuftahon on construction
access roads to assess potential impacts to their section 35 rights. p
MFN requires detailed information regarding pressure testing such as: whichE water body will be used as the source for hydrostatic testing, is this water body
volume Section information within MFN Traditional Territory, is this water body fish bearing, is there habitat Detailed information related to pressure testing3 5.11 Gap or species of importance to MEN in this water body and where will the water be is require
discharged. These are critical questions that must be answered as part of thisapplication
S
1 I
I This section clearly states that the project has not entered into “long term, firm I Meaningful and adequate consultation needsI Volume Section Information
1 5 1 2 Gap shipping commitments”. The filing requirement that Northern Gateway indicate I to be undertaken with MEN and informationadequate supply to support the pipeline has not been fulfilled. obtained incorporated into the Application
This section outlines that Northern Gateway has not been able to enter intoVolume Section Information long-term shipping commitments with prospective shippers during its open Meaningful and adequate consultation needs
to be undertaken with MEN and informationI 7.2 Gap season due to regulatory uncertainty. The filing requirement that Northern obtained incorporated into the Application
Gateway indicate adequate supply to support the pipeline has not been fulfilled.
This section specifies that “Before entering into unconditional serviceagreements, prospective shippers will need to be satisfied that the Project has Meaningful and adequate consultation needs
36volume Section Information
2 2,2 Gap been approved”. This provides no certainty that the project is economically to be undertaken with MEN and informationviable as the shippers may or may not enter into these agreements once the obtained incorporated into the ApplicationProject is approved based solely on their discretion.
MFN has not been engaged by Northern Gateway in discussions regarding Information on number and GIS location ofVolume Section Information watercourse crossings within their traditional territory. MEN requires detailed water crossings between KP 0 and KP 350.
3 6.1 Gap information on water crossings between KP 0 and KP 350 in addition to Engagement on watercourse crossing betweenengagement on watercourse crossings between these KPs KP 0 and KP 350
In order to assess the decision of 690 water crossings being designated as GIS Location of water crossings between KP 0
38Volume Section Information isolation or open cut, MEN requires the GIS location of water crossings between and 1W 350. Location of water crossings within
this KP range that have been designated for3 6.3.1 Gap KP 0 and KP 350 as well as which of the crossings within that KP range have isolation or open cut prior to consultation with
been designated as isolation or open cut. MEN.
MFN was not included in or consulted on the results of fish and fish habitatVolume I Section Information RME, additional studies, field work, regulatory discussion or the “consultations” Completion and integration of MEN ATK
information for effects assessment on MFN3 6.3.2 Gap outlined in this section that were used in selecting proposed crossing methods treaty and Aboriginal rights
for the remaining 33 review sites
MEN requires information on locations of pump stations, what containmentVolume Section Informahon
3 8.2 Gap ponds will be lined with and if containment ponds will be covered to avoidMFN requires consultation on pump stations
and containment ponds.. seepage.
6
MFN requires detailed information regarding pressure testing such as: whichwater body will be used as the source for hydrostatic testing, is this water body
41 Volume Section Information within MFN Traditional Territory, is this water body fish bearing! is there habitat Detailed information related to pressure testing3 102.8 Gap or species of importance to MEN in this water body and where will the water be is require
discharged. These are critical questions that must be answered as part of thisapplication
There is no Preliminary HDD feasibility Assessment Report included and isRequire Preliminary HDD feasibility
42 Volume Appendix Information3 G 2 Gap specified to be provided at a later date. This report is required for review prior to Assessment Report I
application approval
There were no Aboriginal directed invitational ESA workshops held by Northern Require workshops on ESA to ensure MEN canGateway. This lack of Aboriginal directed ESA workshops leaves the Northern accurately review and/or comments on
Volume Section Information4 33.1.2 Gap Gateway consultation program deficient as MFN has not been given the potential environmental and socio-economic
opportunity to review or comment on potential environmental and socio- effects of the Project and how those effects willeconomic effects of the Project and how those effects will be addressed. be addressed.
Meaningful and adequate consultation needsVolume Section Information
4 373 Gap Project summaries were not provided directly to MFN. to be undertaken with MFN and informationobtained incorporated into the Application
Online modules updating project material including the status of each of the Meaningful and adequate consultation needsVolume Section Information
! 4 3 73.3 Gap ESA discipline and an overview of the Project were not available until March to be undertaken with MEN and information2009 obtained incorporated into the Application
.Meaningful and adequate consultation needs to
I No input was incorporated into the project design, planning and ESA studies as be undertaken with MEN and information
46‘0me
Section 4Information MEN, to date. has not been engaged in consultation. In addition, no MEN obtained incorporated into the Application
Gap information was reviewed by discipline experts for consideration of refinements [ Completion and integration into the Applicatinoor modifications to the Project. of MEN ATK information for effects assessment
.on MEN treaty and Aboriginal rights
Slide #7 of this power point specifies that there is “Still time for Engagement andConsultatio&” however, MEN has received no guarantee from Northern Require information on how it is not “too late”
VoIme A7ix Infonation Gateway that any information will be given weight, integrated into the ESA or for consultation such as how MEN informationassessed for potential impacts to their Aboriginal rights. In addition, MEN has will be assessed and integrated into the ESA.not been engaged on next steps for this supposed consultation program.
7
Meaningful and adequate consultation needs tobe undertaken with MFN and information
Information Complete lack of MFN input with no reflection at all of Michel ATK or TLU obtained incorporated into the Application48 Volume Overall
Gap information. Completion and integration into the Applicationof MEN ATK information for effects assessment
on_MEN_treaty_and_Aboriginal_rights
gVolume
OverallInformation The ESA has a total absence of rights-based assessment with no identification Completion and integration of MEN ATK
information for effects assessment on MENGap of impacts to MEN’s section 35 rights, treaty and Aboriginal rights
MFN was not engaged by Northern Gateway in the “more detailed discussions”
Volume Section Information that “took place with Aboriginal Groups.... As the project design and ESA Meaningful and adequate consultation needsto be undertaken with MEN and information50
SA 2.6.1 Gap studies progressed”. This has resulted in a total absence of MFN input, obtained incorporated into the Applicationinfluence and identification of impacts to MFN Aboriginal rights.
MEN requires copies of “information regarding the nature and scope ofRequire any documentation of “Strength ofVolume Section Information
5 2.8,1 Gap Aboriginal and treaty rights and interests along the proposed pipeline right of Claim” discussions with Crownway...” Northern Gateway received in discussion with Government Agencies.
There is an omission in this section of a discussion of constitutionally protectedVolume Section Information Description needs to be revised to discuss
525A 2.8.1.1 Gap rights which minimizes the importance of these rights overall. This is an Aboriginal and treaty rights
incorrect and biased description.
Application lacks an identification of potential project impacts on MEN Aboriginal Completion and integration into the ApplicationVolume Section Information
5A 28 1 2 Gap rights and interests, including treaty rights and current land uses for traditional of MEN ATK information for effects assessmentpurposes. on MEN treaty and Aboriginal rights
.—.
Meaningful and adequate consultation needs toMEN requires involvement in the development of a fisheries habitat be undertaken with MEN and information
Volume Section Information5A 28 1 2 Gap compensation plan as well as involvement in the implementation during obtained incorporated into the Application
construction and operations. Development and involvement in a fisherieshabitat_compensation_plan
: Meaningful and adequate consultation needs to
Northern Gateway has not fully identified resources used by MEN and therefore be undertaken with MEN and informationVolume Section Information obtained incorporated into the Application
adverse effects to MEN by reducing effect to resources used. of MEN ATK information for effects assessmentSA 2.8.1.2 Gap cannot assert that the programs they implement will reduce the potential Completion and integration into the Application
on_MEN_treaty_and_Aboriginal_rights
8
MEN was unable to provide Northern Gateway with an ATK prior to applicationsubmission. This section state that “In cases where an Aboriginal group isunwilling or unable to provide ATK in a timely manner, Northern Gateway usesinformation available through public sources and the professional knowledge ofthe ESA team to assist in identifying and understanding the potential effects ofthe Project on traditional lands, waters, resources and activities and in providingrecommendations to mitigate potential project effects.” MEN requires the publicsources and professional qualifications of the ESA team that identified andunderstood the potential effects on MEN and made recommendations on MFNsbehalf in the absence of an ATK study. In addition, MEN requests a decisionrationale for these instances.
Northern Gateway states that the ATK community reports “provide theAboriginal group’s perspective of potential effects of the Project on traditionallands and activities (including cultural, social and economic effects)” however it
Section Information is not clear whether as part of the ATK, Aboriginal groups were provided with1.3 Gap the potential effects assessment in order to add their views or if Northern
Gateway placed the onus on the group to identify these effects on their own. Asno ATK reports were submitted as part of the application for review and nospecific methodology is provided for an actual report this cannot be verified.
MFN requires a timeline for the completion of the ESA biophysical studies andcompletion of ATK studies. This timeline can be generalized to protectconfidentiality of Nations which request this; however a timeline is required toassess the assertion that ATK information was provided and incorporated by thevarious ESA disciplines.
• As MFN was not involved in the development or the execution of the fieldvolume Section Informabon assessments, MEN ruires methodologil details on the execution of these Require details on the conduct of field
5A 3.2 Gap field assessments. MFN also requests clarification on the term “Aboriginalassessments and clarification on term
Service Agreement” that is used within this section.“Aboriginal Services Agreement”
57 Volume5A
Section3.2
InformationGap
Volume58
Request Professional Qualifications and publicsources used. Request a decision rationale for
these instances.
58
59 Volume58
Section1.3
InformationGap
MFN require information on how the potentialproject effects were gathered and the
methodology used to obtain these results.
Require a timeline for the completion of ESAstudies and ATK studies.
9
This section lacks information on how the ESA information was shared with the
60Volume Section Information communities in order to assess the potential effects of the Project. This leads to Require information on how ESA information
SB 1.4 Gap the conclusion that this integral and reciprocal step was not taken as part of the was shared as part of the ATK studyProject
MFN information has not been incorporated into the ESA as only superficialVolume Section Information Require the incorporation of MFN ATK into the
61 5B 14 Gap third party information was available at time of writing. MEN requires their ATK Applicationinformation integrated in a meaningful way into the ESA.
MEN requires a copy of the project communication database pertaining to anyRequire a copy of the project communications
62Volume Section Information records of communication and any resulting consultation issues recorded databaseSB 1.4 Gap
pertaining to MFN.
Volume Table4 Information MEN was not consulted on the categories of Aboriginal Traditional Knowledge Require consultation on categories of63 SB 1 Gap that is considered relevant to an ESA”.
Aboriginal Traditional Knowledge, includingsub-categories.
Volume Section Information Without proper integration of ATK into the Application, the effects assessment, Require the completion of a MFN ATK study64
SB 425 Gap as described, is deficient.and full integration of the results into the ESA
prior to an effects assessment.
Volume Information As no ATK Study has been completed to date, there is no information related to Completion and integration into the Application65 5B
SectionSGap MEN contained in this section
of MFN ATK information for effects assessmenton MFN treaty and Aboriginal rights
MEN requires the professional qualifications and statistical reports used to Require professional qualifications and66
Volume Section InformationSB 52 Gap produce the summaries as the ranking system and “professional judgement” statistical reports used to formulate the ranking
were used to evaluate the “gravity of the predicted effect’ system outlined in this section.
MEN’s budget was not fully funded through the CEAA funding and thereforeRequire field visits for sites within proximity toVolume Section Information67 SB 4 3.4 Gap field visits were not available. Locations within proximity to the PDA were not the PDA.
visited.MEN requires consultation on all permanent roads and power lines that will be
68Volume Section Information
6A 2,1 2.1 Gap required for the construction and operation of any pump stations within their Require consultation on all permanent roads
traditional territoryand power lines
10
Require completed fisheries assessment for allwater crossing involving blasting
Meaningful and adequate consultation needs tobe undertaken with MFN and informationobtained incorporated into the Application
Require completion of noise assessment onexercise of MEN rights
To date, MFN has not been consulted on the pump station siting. As these sitesI I
Volume Section Information will be fenced with a 2m high fence, effectively “taking up” those areas andRequire consultation on pump station siting.
SA 2.12.2 Gap preventing any traditional use, MFN requires consultation on the siting of thesestations.
Volume Section Information MEN requires consultation on the method of disposal for non-merchantable Require consultation on method of disposal for70
6A 22.3 Gap timber. non-merchantable timber
MEN has not been consulted on the fish bearing water crossing locations and
Volume Section Information crossing methods that are within their traditional territory. As MEN is highlyRequire consultation on watercourse crossings.71
6A 2.2.7 Gap engaged in fishing both currently and historically, MFN requires consultation onall watercourse crossings within their traditional territory.
MFN requires information on why the Acoustical modelling sites of Whitecourt(203.1 KP) and Smoky River (400.5 KP) were not used as the locations for 24- Require explanation of why acoustical
72Volume Section Information hour surveys of background noise? Instead baseline was completed North of modelling sites were not used to assess
6A 5.4.3.1 GapCherhill along the RoW at KP 117, at Bruderheim KP 0 and south of Kitimat at baseline conditions
KP1144The statement that “No sound data for operation service and equipment are
Volume Section Information available at this stage of the Project” is unacceptable. MEN require baselineRequire sound data for operation service and
6A 5.4.3.2 Gap equipmentinformation of operation service and equipment.
74 Volume Section Information. 6A 5.4.3.4 Gap
Require a detailed methodology be developed for blasting near fisheries waterswithin MEN territory.
volume Information6A
Section 5 Gap
Volume Section Information76
SA 8.1 Gap
There has been no consideration of sound levels on Aboriginal use of the landand no integration of MEN use information into this section. Due to this omissionthe conclusion that “effects during operations will not be significant” isunsubstantiated
Meaningful and adequate consultation needs toMEN was not consulted on the plant species chosen for examination in this be undertaken with MEN and informationsection and there was no involvement by MEN in the vegetation study and no obtained incorporated into the Application
information incorporated into this section from MFN. Require supplemental vegetation study thatincludes MEN information
11
: This section directs the reader to Volume 5B for more information on AboriginalVolume Section Information Vegetation information that was an important source; however this Volume Require information on how Aboriginal
6A 6.2.1.1 Gap contains no specific details on vegetation or how this information was Vegetation information was incorporatedincorporated in the application.
There is reference to a general list of Aboriginal concerns related to vegetationin this section that contains 47 generalized issues and none of these issues are Meaningful and adequate consultation needs toaddressed by the vegetation section. Instead the issues are deferred to the be undertaken with MFN and information
78 Volume Section Information Construction Environmental Protection Plan contained in Volume 7A whereas obtained incorporated into the Application6A 8.2.1.1 Gap others are deferred to the detailed project design stage which will not be Require Aboriginal issues list to be updated to
developed until post approval, pre construction. MFN requires these issues be include MEN concerns and address these
updated to include specific issues from MFN and be addressed prior to issues
application approval.
Meaningful and adequate consultation needs toThe Key Indicators and Key Issues contained in this table were noted to be be undertaken with MEN and information
Vome Tabe 8- Infornation developed in consultation with Aboriginal groups, however MEN were not obtained incorporated into the Applicationconsulted on Key Indicators or Key Issues. Require consultation on Key Indicators and Key
IssuesMeaningful and adequate consultation needs to
.
MEN was not involved in the rare plant surveys undertaken in June, July and be undertaken with MEN and informationso ogon August of 2006, July 2008 or June 2009. MEN requires a supplemental rare obtained incorporated into the Application
plant survey to be completed with MFN involvement. Require supplemental rare plant survey to becompleted.
.
. MEN requires a detailed rare plant and rare ecological survey, effects Require detailed rare plant and rare ecological81 Vtme
S;n Infognation assessment and site-specific mitigation be conducted as part of the application, survey, effects assessment and site-specificnot prior to construction. mitigation prior to application approval
82 Volume Section information As MEN has not submitted a ATK study to date, observations related to wildlife Require completion and inclusion of MEN ATK6A 9.2.1.1 Gap were not included in the assessment. into wildlife assessment
83Volume Section Information The list of important wildlife species does not reflect species of importance to Require consultation on species of importance
6A 9.2.1,1 Gap MEN. to MEN
12
There is no information included on how the issues raised by Aboriginal groupsVolume Section Information will be addressed and in which Volume this would occur. Prior to MFN providing Require information on how Aboriginal groups
846A 9.2.1.1 Gap this information there must be assurance that it will actually be used and not just issues will be addressed.
a meaningless consultation exercise.
MFN was not consulted in the selection of Key indicator species; this is reflected
85Volume Section Information in the omission of partridge and prairie chicken from the listed grassland and Require consultation on Key Indicator species
6A 9.2,2.2 Gap shrub land dependent species, elk and deer from the ungulate mammal groupand supplemental studies completed on
species identified by MENand weasels and muskrats from the furbearer group.
No consultation on species of interest to Aboriginal Groups has occurred with
86 Volume Section Information MEN to date. The statement “Species of interest to Aboriginal groups were Require consultation on species of interest to6A 9.2.2.4 Gap identified during the consultation process” gives the false impression of a MEN
comprehensive consultation program, which is not the case.
MEN requires a concordance table that outlines the General Mitigation Concordance table of General Mitigation87 Volume Section Information Measure, the specific section within Volume TA which contains the measure
5A 9.3 Gap measures.and those measures that “may be exceptions where this is not possible”.
MEN was not interviewed as part of the Sharp-tailed Grouse study. MFNVolume Section Information Require consultation on the identification of
considers Grouse a harvested species and requires consultation on the grouse leks.6A 9.4.1.1 Gapidentification of leks.
Volume Section Information MEN was not included in any Field Surveys conducted for the Terrestrial Wildlife Meaningful and adequate consultation needs
6A 945 Gap Assessment.to be undertaken with MEN and informationobtained incorporated into the Application
! This section outlines reports for Aboriginal groups that suggest an overall Meaningful and adequate consultation needsVolume Section Information90 6A 9524 Gap decline in the presence of caribou, however, this does not include the MEN to be undertaken with MEN and information
report. obtained incorporated into the Application
MEN requires ongoing monitoring of key species habitat to ensure the91 Volume Section Information
, conclusion that avoidance of suitable habitat along the RoW will be short term in Identify adequate accommodation measures6A 9.6.4.1 Gap for potential impacts to MEN rights
duration and local in geographic extent is correct.
92 Volume Section lnforrnahon MEN require detailed information on which species have been designated as a Identify adequate accommodation measures6A 9.6.5.1 Gap low confidence in baseline data for birds, for potential impacts to MEN rights
Volume Section Information No observations of MEN were recorded during the consultation process as MFN Require consultation on Surface Water6A 10.2.1.1 Gap were not consulted on Surface Water Resources. Resources.
13
As the MEN ATK study was not completed at the time the Surface Water Require a review of the MEN ATK andVolume Section Information
6A 10 21.1 Gap Resources assessment was completed, this report was not available as a integration and direct address of Surface Waterresource for the Surface Water Study Team. issues contained therein in the Application
As “Site-specific water requirements for camp use were not known during thepreparation of the ESA, nor were the withdrawal points’, a comprehensive Require an assessment of Surface Water
Volume Section Information6A 10442 Gap determination of effects cannot be quantified. Require details and assessment effects from Camp operations prior to
of Surface Water effects from Camp operations be completed prior to application approval.application approval.
As “Site-specific water requirements for hydrostatic testing purposes were notknown during preparation of this ESA, nor were the withdrawal points’, a Require an assessment of Surface Water
96Volume Section Information
6A 10.442 Gap comprehensive determination of effects cannot be quantified. Require details effects from hydrostatic testing prior toand assessment of effects from Hydrostatic testing be completed prior to application approval.application approval.
Meaningful and adequate consultation needsVolume Section Information MEN was not consulted on or included in the field surveys conducted for water
to be undertaken with MEN and information6A 10522 Gap quality and sediment samples. obtained incorporated into the Application
Meaningful and adequate consultation needs98
Volume Section Information MEN was not consulted on regionally important freshwater fish that would be to be undertaken with MEN and information6A 11 Gap considered as part of the freshwater fish and fish habitat assessment. obtained incorporated into the Application
Meaningful and adequate consultation needsVolume Section Information
6A 11 2.1 1 Gap MEN was not consulted on potential effects to fish and fish habitat. to be undertaken with MEN and informationobtained incorporated into the Application
Meaningful and adequate consultation needs100
Volume Table Information As MEN was not included in consultations on effects to fish and fish habitat theto be undertaken with MEN and information
BA 11-2 Gap source of their concerns are not adequately captured by this table. obtained incorporated into the Application
Volume Section Information Volume 6C and Volume 5N5B do not contain an assessment of effects on MEN requires assessment of potential pipeline101 4.2 Gap human health for Aboriginal communities, which is required. effects on Nation member health
14
This section outlined the public consultation process undertaken for the human
102Volume Section Information health assessment but there was no Aboriginal consultation process undertaken Meaningful and adequate consultation needs
to be undertaken with MFN and informationSC 4.2.2.1 Gap in this Volume, Volume 5A or 5B related to human health. It is not appropriate to obtained incorporated into the Applicationinclude Aboriginal consultation as a part of the public consultation process.
MEN was not included in the execution of a Heritage Resources assessment Require updated Heritage Resources103
VomeSectionS
Information between KP 0 and KP 350 and requires a supplemental study be completed assessment to be completed with MENGapwith their inclusion and involvement, involvement.
MFN requires consultation on methods used for dust suppression within KP 0Identify adequate accommodation measures
104Volume Section Information and KP 350, especially those areas that immediately intersect identified Plant for potential impacts to MFN rights7A 8.5 Gap
Gathering Areas within the MFN TLUS.
MEN requires consultation on the re-vegetation program proposed between KPIdentify adequate accommodation measures
105Volume Section Information 0 and KP 350 to ensure seeding mixtures are appropriate for continued for potential impacts to MEN rights7A 8.5.7 Gap
Aboriginal use.
106Volume Section Information MEN requires the location and volume of water sources that will be used for Require more information on hydrostatis testing7A 9.1.3.1 Gap hydrostatic testing prior to application approval.
107Volume Appendix Information MFN requires a completed Oil Spill Response Plan prior to application approval MEN requires the completion of an Emergency
7B B Gap rather than a “typical table of contents” Response Plan beyond conceptual stage
108volume Appendix Information MEN requires a completed Northern Gateway Book 7: Emergency Response MEN requires the completion of an Emergency
78 C Gap prior to approval rather than a “table of contents” Response Plan beyond conceptual stage
15